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The Honolulu Advertiser
Posted on: Monday, January 15, 2007

Petitions for protective court orders jump 70%

By Ken Kobayashi
Advertiser Courts Writer

The number of petitions for domestic-abuse protective orders increased by about 70 percent from 1994 to last fiscal year, a jump authorities attribute to public awareness about the orders and changes to state law.

In the fiscal year ending June 30, 4,654 requests were filed for restraining and protective court orders, compared with 2,732 in 1994, according to the latest state judiciary statistics. Statistics for protective orders were kept separately for the first time in 1994.

State judges and domestic-violence experts said the number is not an indication that domestic-abuse cases are on the increase.

"The judges feel (the increase is) probably more awareness that domestic violence is not a private issue," said Family Court Senior Judge Frances Wong.

While some say the increases are fueled by people who misuse the system to try to gain advantages in connection with divorce and custody proceedings, Wong believes those instances are only a fraction of the cases filed.

Hawai'i's law authorizing the issuance of restraining and protective orders was adopted in 1982. Hawai'i was among the states passing such measures as the public began viewing domestic violence as a community, health and social issue rather than a private matter.

Initially, the law provided relief for spouses and former spouses, parents, children and household members. But over the years, it was expanded to include "reciprocal beneficiaries" and people involved in romantic relationships. According to the state Department of Health Web site, a "reciprocal beneficiary relationship" is a legal partnership between two people who are prohibited from marriage but who still have some of the benefits of married couples.

The law was changed also to lengthen the duration of the orders. Initially, a protective order was good for up to 90 days. Today, the protective order can be of any length. Some are good for as long as 20 years, Wong said.

The rationale behind the law is to provide immediate protection for the petitioner who faces danger. Requests for restraining orders are liberally granted by judges who review a written request. They are valid pending a hearing, usually within two weeks, to give the respondent a chance to contest the allegations.

If the petitioner prevails, the protective order would remain in effect until a particular date. Violating the order is a misdemeanor carrying up to a year in jail and a $1,000 fine.

A snapshot of the type of cases during one week of Family Court shows that about one-third involve a husband and wife, and another third involve boyfriends and girlfriends, according to figures supplied by Wong.

Others included a same-sex case involving a mother requesting protection for her minor daughter against the daughter's ex-girlfriend; a grandparent seeking an order against a grandchild; a cousin against a cousin; and parents against adult children.

The statistics show the cases rising over the years, reaching a peak in 2003. Wong said she did not know why it spiked that year.

Because restraining orders can be obtained easily, some attorneys believe they can be abused in divorce-related cases involving custody of children. "The temporary-restraining process rewards petitioners who lie," said Honolulu attorney David Hayakawa.

However, making them harder to obtain might deter victims from getting the help they need. "It is such an ordeal and it's so terrifying and embarrassing to go public, to share the intimate details of your marriage or dating relationship," said Nanci Kreidman, executive director for Domestic Violence Clearinghouse and Legal Hotline.

Wong acknowledged that some attorneys misuse the system, but said it can be difficult to determine whether allegations are false.

But she said the overwhelming majority of petitions are filed in "good faith." She also pointed out that cases involving spouses with child-custody issues are less than a third of the cases.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com.

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